Case dismissed against cop accused of leaking exam

Published 4:00 am, Thursday, July 1, 1999

A federal judge Wednesday dismissed a charge against a veteran San Francisco police inspector accused of leaking the contents of a 1997 police exam, then chastised the department for its sloppy security measures.

Henry Kirk, charged last September with contempt of court, was in the third day of trial when U.S. District Judge William Schwarzer made his ruling.

"We were beyond happy that he dismissed the case," said Kirk's attorney, Michael Cardoza, contending that his client had been made a scapegoat all along.

But Police Chief Fred Lau said the force was by no means done investigating the 24-year veteran and others who might be involved in the incident, which resulted in the cancellation of the exam.

"We really have to take the court records, review them and determine what kind of administrative action we are going to take."

More administrative action?&lt;

Lau added that depending on the contents of trial transcripts and other court records, SFPD personnel other than Kirk might also face administrative action.

Assistant U.S. Attorney George Bevan simply said the case had been dismissed and referred questions to a spokesman who couldn't be reached.

Kirk was one of 20 veteran officers involved in the preparation of the test for the rank of assistant inspector. They took an oath before a federal judge to keep the examination's contents confidential.

Whistle-blower called&lt;

The test for 700 officers was canceled after a whistle-blower left an anonymous message to the unit that oversees testing, reciting answers to the exam. An FBI probe followed.

During the trial, Cardoza said, witnesses acknowledged that there were stretches of time when copies of the test had not been locked up.

Witnesses said the judge had granted a motion by Kirk's attorney to dismiss the case, then had gone off the record, calling the SFPD's attempts to safeguard the test intolerable.

Lau acknowledged that there were problems, but said "we have significantly strengthened our security procedures," including upgraded alarm systems and locked file cabinets.

As for the judge's comments, Lau said they might have been based on an incomplete picture of police security.

"I don't know if he was fully aware of all of the steps we have taken," Lau said.

Lawsuit threatened&lt;

Cardoza said Kirk had been on disability for the past year because of a heart condition, but expected officials to allow him to resume his duties.

"If they don't, they'll have a lawsuit," Cardoza said.

Lau said the department had no plans to drop the issue. He pointed out that prosecutors were required to prove the case beyond a reasonable doubt, while an administrative review would be based on a preponderance of the evidence.

"It's highly unlikely that we'll do nothing," he said.

The testing, hiring and promotion processes at the Police Department were overseen by a federal judge as a result of 1979 consent decree that settled a lawsuit over alleged racial and gender discrimination at the department. A U.S. District Court judge lifted the court's oversight of the department last October.&lt;